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visves

06-27 09:13 AM

I think the point some of the attorneys are trying to make is that there were quite a number of extra visa numbers available (close to 40,000) apart from the normal visa numbers available for Jun, July, Aug, Sep. Unless the number of approvals come close to the total visa numbers available, there is no reason for CIS to arbitrarily move the date backwards. You were right in saying that there were a number of approvals in June, but I highly doubt they even came close to the extra numbers available. All the attorneys are trying to say is to not consider the number of applicants from the equation of trying to predict priority dates.

USCIS had approvals before dates moved. USCIS knows the number of such approvals.

These approvals are getting GC before approval of current applicants. If earlier approvals use up quotas, retrogression does not have to wait for current approvals.

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unseenguy

08-16 04:16 AM

To all the wannabe americans and GC aspirants, dont forget where you came from. You are nothing but 21st century cheap labor. Just do the right thing!

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eb2waiter

05-14 02:04 AM

......

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vdlrao

07-24 09:40 PM

I really doubt whether any attorney knows how many total VISAS are there for EB1 + EB2 for the fiscal year 2008. On this total EB1 + EB2 we got an estimation based on our calculations in our privious posts.

I am not trying to ruin this party... Let us not start our celebrations yet. what if the EB2 & EB3 dates go backwards in Nov visa bulletin? Should we be ready to face it too?

After all we are dealing with ****** USCIS....:rolleyes::eek::confused:

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ingegarcia

10-10 08:59 AM

This is half truth. Tn1 to GC is legally possible but once your GC application (I140 and/or I 485) is pending, your TN1 cann't be renewed. If your dates are current, you can apply I 140 and 485 concurently and get EAD, while you hold TN1. Once you get EAD, you don't have to worry about renewal of TN. Here you need to manage possible two risks; You must get EAD before next TN renewal, and by chance, if I 485 deny, you have no back up and must return to Canada.

Current retrogression, it is not possible to go from TN1 to GC.

My PERM labor, I 140 approved and I 485 is pending since more than 12 months. I was confident and took calculative risk.

Good Things about IV 1. IV Core does not conduct its business in the forum. They learnt this lesson a long time ago. 2. All their work is done in the donor forum and behind the scenes by volunteers 3. If they feel that any idea is worth pursuing they invite that person (with the idea) behind the scenes and pursue that idea 4. All the work is done by IV members themselves because they are helping themselves 5. IV members are investing time and money to do work which impacts a large number of immigrants 6. That is a professional way to do stuff and i admire the way work is done at IV

Concerns of IV 1. IV always states about the lack of will of people to do something for themselves 2. IV always states that people just comment on forum but do not step forward to do stuff 3. IV always says that people do not donate enough and without donation a grassroot organization will not survive

What IV is doing wrong 1. IV talks about a holistic approach whereby the benefit to EB community will trickle down and once EB2 will become current EB3 will get benefit of spillover 2. IV is assuming EB2 will become current but with the number of indians coming to USA and number of indian students who will graduate from MS courses in USA over the next 5 years EB2I will always be backlogged 3. Plus we are not even talking about EB2 ROW and EB3ROW demand which could go up 4. Supporting the DV 55k bill to US educated GC applicants on the whole looks like a great plan. Sure here are 55k and here are about 150 k GC applicants. 150 - 50 IS 100 K. So if the bill passes we reduce the backlog by 50 k. Now i will am one of the person who will be getting a GC because i am US educated but my opposition to this bill is on principle 5. What IV has to realise is that it is not only IV members specifically but it is a whole lot of non IV members who are EB3 who have been a bigger person in this whole immigration retorgression advocacy scheme of things till now.

How let me explain. We have seen EB3 persons from 2002 who are still waiting for GC and who are not getting spill over visas because EB2 is using up all the spill over visas. So do you see any EB3 now complaining about the rule change supported by IV and made by USCIS whereby EB2 gets spill over visas. NO we do not see any EB3 complaining. That is because EB3 as a whole understands that that rule in the past being interpeted in a wrong way and the current way is the correct interpetation. Sure the old method gave EB3 some extra spill over visa benefit but the new interpetation caused EB3 to dry up compleletly. Now that in itself is against the very nature of self preservation by definition, But EB3 went along for the greater good

What IV can do right 1. Now we have this 55K DV Bill. This is something different from the spillover (which is law and cannot be changed). This is one time oppurtunity to alieviate the sufferings of EB group as a whole. So can IV which is supposed to be talking for the whole EB community do the right thing here and ensure (with advocacy they are so good at) that IV's stand is that 55K visa are given to all GC applicant from retrogressed countries based on oldest priority date first irrespective of EB2 and EB3.

2. The concequence of such a move is that long retrogressed EB applicants will get relief (Which is one of the point IV talks about in their charter) 3. Sure Many US educated applicants from EB2 and EB3 will oppose this move because lets face it, this move impacts their getting GC sooner. And if they behave like that they are in the same category as EB2 guys on this forum who do not entertain any idea which will impact their getting GC soon.

What wil happen if IV does the above 1. The DV 55K bill will NEVER pass in congress. This along with the other bills we have seen will bite the dust because no one in the current economic scenario would like to see more immigrants (US educated or not)

2. The DV 55K bill will fail but IV would have achieved what it has failed to do till now. Get the support of EB3 community which they claim to represent.

Synopsis How how does this work. This is a suggestion for discussion NOT a diktat to IV core to implement. If IV core does not allow discussion on this (and moderate this because frankly some of your existing advocacy group members and volunteers do not know what a discussion is and come out both fists swinging) then that is IV core perogative. they have that right since this is their system and they worked hard for it, and they believe what they say is right.

One question i do have for all the members who have argued with me here. Have you seen all the discussion i have participated under and my other posts. Please do that before yelling that i was a member since 2006 and freeloader and all that. You need to do this because if i am you enemy (Scounderal, Liad weed, Anti Immgrant, Future USA etc) then don't you think to know your enemy is better.

On a funny flip side ............................... How will this be treated by the current members Ohh He is a liar, cheat, sounderrl, absurer, voilent person, free loader, smooch, weed, Anti Immgrant, future USA and other unspeakable things

By the way guys i am a She not a He

Adieu/Ciao

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Lasantha

12-14 04:31 PM

Simple. If it wasn't for that ceiling the vast majority of the visas will go to applicants from the oversubscribed countries. Now this is not a bad thing if the visas are in unlimited supply. But since that's not the case, the country ceiling ensures that even people from smaller nations will get an equal oportunity to claim a visa before all the visa are grabbed by their BIG brothers and sisters. And what's more what ever is left is given back to the oversubscribed countries.

How can you call that unfair? Is it fair to deprive a person from a smaller country, equal chance to have go at his GC?

I understand how the current system prevents people of one nationality obtaining all the visas but I am not sure how it prevents any one group or sector monopolizing. Care to clarify?

First of all .. I am not an IBO or anything, but after being approached many a times, I decided to look up what the hell it was .. Attended a couple of their business meetings, researched and found out that upline groups like BWW had subverted the original business model..

Amway business model is that 1) you sell products to others you get the difference between the IBO price you get and the price you sell the product at... 2) Based on total volume you get a specific share. In above model the share you get from volume is not major unless you have a lot of People under you. The main money comes from retailing the product.

BWW model: The uplines put a lot of pressure not only on getting the folks in, but stress the importance of books/cds, motivational products. They want you to have standing(recurring) order for books/cds and want you to pressure people under you to do that too .. The bulk "profit" comes from these. Amway has nothing to do with these books/cds. Amway has nothing to do with the seminars or business meetings, but your uplines push you to attend "as many meetings as possible" because profits from these also go to them .. Based on the consumption and volume of these additional items under you, a share of these profits may trickle down ..

When Uplines talk about making money they don't tell you that you are expected to do more than Amway model .. With Amway model, if you simply retail the products (NOT RECRUIT) then that should be enough (difference between IBO and retail price is YOURS).. People do buy stuff; couple of my friends have a repeat order with an Amway guy, for some vitamins sold through amway.. Anyways, Uplines force people to recruit so they have more people to target their motivational products to.

The red flag for me was (i may have misunderstood) .. The checks don't come directly to you .. Comes to top chain, they take their share and write out checks for lower down the line and so on and so forth (PLEASE CORRECT ME IF I AM WRONG)..

Anyways .. Amway for me is a subverted business by corrupt people.. Big Lies and false promises :)

immigration-law.com posted country wise EB visa allocation for the year of 2005. For example, Nepal used only 70 EB3 visas. Whereas country limit is 7%. In that case how EB3 Nepal is retrogressed?

Can we sue USCIS? Let's discuss. In that case, let's hire an attorney.

This is a valid point of why they don't drill rest of the world down further.

From a global perspective; if they drilled down rest of the world and took all countries and evenly divided the visas then perhaps the per country limit would be less then 1%. 100% divided by number of countries in the world and you would get less then 1%. Then any country who doesn't use up that visa would get re-allocated to other countries. Pretty difficult thing to do; I would imagine.

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garybanz

12-14 02:25 PM

Could you please tell us the problem on this law that can be changed to help us.

Villamonte, Just so that we can understand the background of your continues opposition to this idea, could you please let us know your country of origin? Also some information about which state chapter you belong to will be great if you don't mind. :)

There are moments when the will of a handful of free men breaks through determinism and opens up new roads.

~Charles de Gaulle

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thomachan72

01-14 09:14 AM

I think the other intersting point is - Does the employer provide any benefits to the beneficiary/employee?

Almost no desi dalla provides medical insurance to its employees...it will be interesting how USCIS handles this and whether they will make it a point or not?

what the heck are you talking about. If there is any specific cases of abuse please contact the CIS and report those. Dont say "almost all" etc on this website. That might not be true and we dont want general statements like these to hurt the prospects of our members.

Bollywood should first pay taxes, none of these icons, pay taxes legimately in India, remember them dancing in the partys of mafia, which is tied to terrorists, I think the agent did a great job in nabbing this guy. The VVIP mentality should end in India. Stupid illeterate politicians are over playing this, Ambika Soni should do what she is supossed to do in her office.

Then India would become a well developed country and will rule the world. :D

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srikondoji

12-17 09:11 AM

albertpinto, I didn't mean to discourage. I meant that a better approach and much wider approach is needed to link GC and home purchase. This should not be specific to just Employement based Greencards. There was already an interview on channel 46 (finance channel), where they talked about overhauling complete immigration system to suck the housing inventory. They threw ideas to invite almost anybody to come to united states provided they purchase a home in US.

If we approach government alone, we may find little traction. We definitely need to partner with other groups who are also in the process of opening up Immigration system and approach this administration. Thses groups could be European or asian or any country specific groups.

That being siad, sucking up housing inventory will not help the economy now at the current prices. The prices have to further come down to an extent that reflects Dollar strength, GDP prospects and countries massive debt levels. Otherwise, we will be putting in a floor to bubble that was created in housing sector. Thanks sri

Sri, do you have any better ideas ? if yes, please share. if no, then honestly such posts are discouraging. we (immigrants) are not here to solve the world problems and as any sales / mktg person would say - the idea is to sell your case. That being said - 99.9 percent of the economists say that the economy will recover only after the housing backlog is cleared ..The policymakers realise this and hence they are showering incentives (almost 10, 000 dollars tax credit, reducing mortgage rates, HUD, LUD etc etc) all the above are expensive to tax payers ...the cheapest way (not that it will solve all the backlog issue - but it will help greatly ..btw Greenspan had said that even if 200 - 300K houses were to be taken off the inventory, then it would greatly help ) ..the cheapest way is to just clear the backlog of immigration ..and it is well documented that once people get permanent residence status in US (or any country), the first thing they do is buy houses.

My son recently finished his high school and wanted to do Dental degree in India. My current situation is I have applied for adjustment of status in July 2007. Me and my family got the EAD and AP. My priority date is Eb3-November 2005. WIth this mess, I am not sure when I will get my green card. My question is: Can I send my son to India for his studies when the adjustment of status is pending. Will it be considered as abondaned if he is out of US when the adjustment of status is in progress?. Is there any specific forms for this type of situation so that he can go for studies in India and continue the adjustment of status.

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Openarms

08-17 11:53 AM

These morons never learn lessons. He is insulting him self by bitching about it....the Officers are just doing their job to verify their system... Can you imagine that a foreigner coming to India might have to go through ordeal if Indian Official suspects that he is a terrorist just because his records show....He should not forget that US has such system to verify and let him go.... where is SRK and others showing some passion when similar thing happen to President Abul Kalam? where is SRK and others showing some passion when bombings happened and innocent people get killed time and time again in India. Did he called for such system in India??? Where is SRK and others showing some passion that we need to improve Education System so that we can be proud of as Indians again? These guys thinks every thing for me nothing for others. They got all the money in the world they want.. now what?? how much is enough for these guys....People like him should learn life lessons like this and try to change Indian peoples life so that they get respect around the world. I think that is better for all of us. As Indians we should teach them or remind them when they forget those values.

People can not expect to be treated special because they are charming to some group or more. There are hell a lot of people with special talent and each and every one expecting to be treated in a special way...then there is no need for that procedure. If SRK is started crying when the common people going through the ordeal...well thats makes the difference between the real start and a moron.

It is not about being treated special. First thing - if you do not go through unnecessary inspection "Does not mean it is special treatment" Lets get the slavery mentality out of us.

SRK is a visitor to the country and can vouch for himself and not for everyone sitting in that room.

485Mbe4001

05-29 02:31 PM

:) he did say hope is on the way...but forgot to say which way or he was try to say what would hope's tombstone read...

Here lies HOPE...it was IN the WAY :rolleyes:

to the others who are bitching and moaning about EB1's, a few months back we were worried about the EB3 converting to EB2..before that we were worried that EB3's were getting more visas than EB2's and so on.....we will keep fighting about the handfull of misallocated visas or work towards recapture. The most important thing from Murthy's letter is that USCIS has started preadjudicating 485 which simply means that there are ton of people stuck in this mess who are waiting to be approved... a handful of visas is nothing...lets all unite and work towards recapture.

Well I am pissed with this whole set up of immigration in this country.. did not obama's campaign say " HOPE IS ON THE WAY".. well its seems for skilled immigrant workers it is " HOPE IS OFF THE WAY"

El_Guapo

01-14 10:19 AM

The right to control the beneficiary is different from actual control. An employer may have the right to control the beneficiary's job-related duties and yet not excercise actual control over each function performed by that beneficiary. The employer-employee relationship hinges on the right to control the beneficiary.

Don't all companies have the right to control the beneficiary? For instance, a sponsoring company has every right to determine if an employee shall be placed on a project billed at $50/hr or if they seek another project/client with a higher billing rate. Similarly, the employer has every right to determine if the employee will be placed at a client requiring a project manager or at a client requiring a developer, thus effectively controlling the beneficiary's job-related duties!